From the Virginia Society of Certified Public Accountants - Presented
by Dean Knepper, CPA, CFP®

TAX BREAKS THAT HELP WHEN DISASTER STRIKES

(March 1, 2006) — When disaster strikes, taxes are probably not on your
mind. Yet it is reassuring to know that when your property is damaged, destroyed
or stolen, you may qualify for tax relief for losses not covered by insurance.
To assist victims of property loss or damage in understanding the tax breaks that
may be
available to them, the Virginia Society of CPAs explains the casualty loss tax
deduction and how to claim it.

Defining a casualty loss

According to the Internal Revenue Service (IRS), a casualty is defined as
property that is damaged or destroyed from a sudden, unexpected or unusual event.
Deductible casualty losses may result from hurricanes, lightning, fires, floods,
earthquakes, vandalism, theft and similar disasters.

Losses that are gradual and progressive do not qualify for the casualty loss
deduction. Examples of non-deductible losses include damage from mildew, erosion,
wood rot, termites or other insect infestation.

Proving your loss

To deduct a property casualty loss, you must prove that there was a casualty
loss and when it occurred. To meet this requirement, it is helpful to have photos
of
the property, news clippings describing the event and police reports, if applicable.
You must have proof that you owned the property or that you are contractually
responsible to the owner for any damage to the property. In the case of theft,
you should have records documenting the loss and records showing when you
discovered items missing, as well as proof that you were the owner of those
items and the cost of them.

For both casualty and theft losses, you should retain records of any insurance
reimbursement you received or expect to receive for the loss or damaged property.
You are not required to submit your documentation with your tax return, but
you should have it available in the event of an audit.

Claiming a casualty deduction

To claim a casualty loss deduction, complete Form 4684, Casualties and Thefts,
and use Schedule A to itemize your loss deduction. Both of these forms must
be
attached to Form 1040. Calculating your loss requires that you determine the
adjusted basis in the property before the casualty loss and the decrease in
the
fair market value of the property as a result of the casualty or theft. From
the smaller of these amounts, you must subtract any insurance or other reimbursements
that you received.

To arrive at your adjusted basis, start with your original cost to acquire the
property, add any capital improvements you’ve made, and subtract any depreciation
if the property is used in business. The fair market value is the price for which
you could sell the property to an independent, knowledgeable buyer. An appraisal
is typically the best way to determine the fair market value of the property.
Once you have subtracted your insurance reimbursement from the smaller of these
amounts, you face two other restrictions. If the property was used for personal
purposes, you must further reduce your loss, first by $100 per casualty event
for
the year, and then by 10 percent of your adjusted gross income (AGI) for the year
in which the loss occurred.

Expediting claims in disaster areas

Generally, a casualty loss is deductible only in the year the event occurred.
However, in areas declared a disaster area by the president, you have the option
of taking the casualty deduction on the tax return for the year of the loss
or on the return of the prior tax year. You do this by filing an amended return.

Congress and the IRS responded to the devastation caused by 2005 hurricanes
Katrina, Rita and Wilma by issuing additional tax relief and assistance. Complete
details can be found on the IRS web site.

Because the tax laws related to casualty losses are complex, consulting with
a CPA can help you to sort through the requirements and prepare your return
expeditiously.

The Virginia Society of CPAs is the leading professional association
dedicated to enhancing the success of all CPAs and their profession by communicating
information and vision, promoting professionalism, and advocating members’
interests. Founded in 1909, the Society has nearly 8,000 members who work
in public accounting, industry, government and education. This Money Management
column and other financial news articles can be found in the Press Room on
the VSCPA Web site at www.vscpa.com.